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Employment Law
Retaliation
Fair Labor Standards Act

Omid Beheshti v. John Liou

Published: Jun. 2, 2007 | Result Date: Feb. 28, 2007 | Filing Date: Jan. 1, 1900 |

Case number: 2002-045972 Verdict –  $1,100,000

Court

Alameda Superior


Attorneys

Plaintiff

John G. Heller
(Rogers Joseph O'Donnell PC)

Raquel A. Lacayo-Valle


Defendant

Eugene T. Franklin


Experts

Plaintiff

Richard C. Carlson
(technical)

Facts

Omid Beheshti settled with American Advantech Corp. for unpaid overtime wages. He began work with DataCore Software Corp. and was being promoted, when the CEO and personnel department received letters warning of Beheshti's tendency to sue employers for compensation. Beheshti sued his former supervisor, John Liou, alleging retaliation, defamation, and intentional interference with prospective economic advantage.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant sent the forged letters to purposely damage his reputation in retaliation for his prior lawsuit.

DEFENDANT'S CONTENTIONS:
The defendant contended he sent the letters to warn plaintiff's employers of future litigation, not to tarnish plaintiff's reputation.

Damages

Emotional distress and punitive damages, as well as $370,000 to $750,000 for damage to plaintiff's career.

Result

The jury awarded plaintiff $1.1 million ($500,000 in economic damages; $100,000 in emotional distress; $500,000 in punitive damages).

Other Information

Motion for new trial was denied on April 20, 2007.

Deliberation

8.5 hours

Length

six days


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